02/02/2006
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
February 2, 2006
Present: Frank Hibbard Mayor
William C. Jonson Vice-Mayor
Hoyt P. Hamilton Councilmember
Carlen Petersen Councilmember
John Doran Councilmember
Also present: William B. Horne II City Manager
Garry Brumback Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Pastor Ken Link from Lakeview Baptist Church. The Mayor led the Pledge of
Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4 - Introductions and Awards: None
5 - Presentations:
5.1 Nagano Students/Teacher
5.2 Proclamation - National 2-1-1 Day - February 11, 2006
5.3 Proclamation - American Legion Auxiliary's Poppy Day – February 10-11, 2006
6 - Approval of Minutes
6.1 City Council – January 19, 2006
Member Doran moved to approve the minutes of the regular meeting of January 19,
2006, as amended: page 2, paragraph 1, Item 8.1, last sentence to begin, “The MCEB
(Municipal Code Enforcement Board) . . .; page 5, paragraph 9, name of applicant to read
Rauenhorst, and last sentence, beginning with “Of the 750 parking spaces. . . “to be deleted.
motioncarried
The was duly seconded and unanimously.
7 - Citizens to be Heard re Items Not on the Agenda
Sondra Kerr, representing the Clearwater Neighborhood Coalition, reviewed plans for
2006, and invited residents to attend the 4th annual Neighborhood Workshop on February 25,
2006, at the Countryside Recreation Center.
Council 2006-02-02 1
Public Hearings - Not before 6:00 p.m.
8 - Administrative public hearings
– None.
9 - Quasi-judicial public hearings
– None.
10 - Second Readings - public hearing
10.1 Continue Ordinance #7546-06 on second reading, making amendments to Beach By
Design: A Preliminary Design for Clearwater Beach and Design Guidelines; by amending
Section II, Future Land Use, Subsection A. The "Old Florida" District by revising the uses and
building heights allowed in the district; by amending Section II, Future Land Use, Subsection C,
Marina Residential District by deleting the reference to a live/work product to March 16, 2006.
Councilmember Hamilton declared a conflict of interest.
motion
Councilmember Petersen moved to continue Item 10.1 to March 16, 2006. The
was duly seconded. Councilmembers Jonson, Petersen, and Doran and Mayor Hibbard voted
carried
“Aye”; Councilmember Hamilton abstained. Motion .
10.2 Adopt Ordinance #7565-06 on second reading, annexing certain real property whose post
office address is 2380 Northeast Coachman Road, into the corporate limits of the City and
redefining the boundary lines of the City to include said addition.
Ordinance #7565-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7565-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.3 Adopt Ordinance #7566-06 on second reading, amending the Future Land Use Plan
element of the Comprehensive Plan of the City, to designate the land use for certain real
property whose post office address is 2380 Northeast Coachman Road upon annexation into
the City of Clearwater as Commercial General.
Ordinance #7566-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7566-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Council 2006-02-02 2
10.4 Adopt Ordinance #7567-06 on second reading, amending the zoning atlas of the City by
zoning certain real property whose post office address is 2380 Northeast Coachman Road,
upon annexation into the City of Clearwater as Commercial (C).
Ordinance #7567-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7567-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.5 Adopt Ordinance #7575-06 on second reading, annexing certain real property whose post
office address is 2190 Northeast Coachman Road, into the corporate limits of the City, and
redefining the boundary lines of the City to include said addition.
Ordinance #7575-06 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7575-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.6 Adopt Ordinance #7577-06 on second reading, amending the Future Land Use Plan
element of the Comprehensive Plan of the City to designate the land use for certain real
property whose post office address is 2190 Northeast Coachman Road, upon annexation into
the City of Clearwater, as Institutional.
Ordinance #7577-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7577-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.7 Adopt Ordinance #7578-06 on second reading, amending the zoning atlas of the City by
zoning certain real property whose post office address is 2190 Northeast Coachman Road,
upon annexation into the City of Clearwater, as Institutional (I).
Ordinance #7578-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7578-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Council 2006-02-02 3
10.8 Adopt Ordinance #7579-06 on second reading, annexing certain real property whose post
office address is 1551, 1555, and 1559 Union Street, into the corporate limits of the City, and
redefining the boundary lines of the City to include said addition.
Ordinance #7579-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7579-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.9 Adopt Ordinance #7580-06 on second reading, amending the Future Land Use Plan
element of the Comprehensive Plan of the City, to designate the land use for certain real
property whose post office address is 1551, 1555, and 1559 Union Street, upon annexation into
the City of Clearwater, as Residential Low Medium.
Ordinance #7580-06 was presented for second reading and read by title only.
One person expressed concern future development of the site be considerate of abutting
properties and requested the trees remain as a buffer.
Assistant Planning Director Gina Clayton said no development plans have been
submitted.
Councilmember Petersen moved to pass and adopt Ordinance #7580-06 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.10 Adopt Ordinance #7581-06 on second reading, amending the zoning atlas of the City by
zoning certain real property whose post office address is 1551, 1555, and 1559 Union Street,
upon annexation into the City of Clearwater, as Medium Density Residential (MDR).
Ordinance #7581-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7581-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Council 2006-02-02 4
10.11 Adopt Ordinance #7568-05 on second reading, approving a Settlement Agreement
regarding National Advertising Company v. City of Clearwater, Circuit Court Case #00-003844-
CI-011, consolidated with Lamar Whiteco Outdoor Corporation v. City of Clearwater,
Consolidated Circuit Case #00-001939-CI-020.
Ordinance #7568-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7568-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.12 Adopt Ordinance #7576-06 on second reading, approving amendments to the Community
Development Code by amending Article 2, Zoning Districts, tables 2-803 and 2-803, and
amending Article 3, Development Standards, Section 3-1202.D, to implement revisions to the
Old Florida District on Clearwater Beach. (TA2005-11004).
Councilmember Hamilton declared a conflict of interest.
Ordinance #7576-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7576-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Doran, and Hibbard.
"Nays": Jonson.
Abstain: Hamilton
carried.
Motion
City Manager Reports
11 - Consent Agenda
- Approved as submitted.
11.1 Authorize payment of not to exceed $100,000 to settle the claim of Andrzej Rutkowski for
damage to his motel and its contents resulting from a City sewer backup.
11.2 Approve an election in a Federal Class-Action lawsuit to permit the Clearwater Police
Department to receive a merchandise credit in the amount of $105,391 from Armor Holdings,
Inc. toward the purchase of additional body armor, representing the settlement of a Class-Action
suit instituted in the District Court of Oklahoma.
11.3 Approve a Contract For Sale of Real Property with John Boshoff and/or assigns, to sell
property legally described as PLAZA PARK, Block H, the South 50 feet of Lots 1 and 2, for the
sum of $37,750, less estimated closing costs not to exceed $200, and authorize appropriate
officials to execute same, together with related instruments required to effect closing.
Council 2006-02-02 5
11.4 Accept a Fire Hydrant and Utility Easement containing 4,737 square-feet, more or less,
over and across a portion of a tract of land lying in the Southeast ¼ of Section 19-29-16,
conveyed by Highland Properties Gulfcoast, Ltd., a Florida limited partnership, in consideration
of receipt of $1 and the benefits to be derived therefrom.
11.5 Accept a Water Main & Utility Easement containing 1679 square-feet, more or less, over
and across a portion of Lots 1 & 2, Block A, BAYSIDE SUB. NO. 5, conveyed by Dalton
Clearwater, LLC, a Florida limited liability company, in consideration of receipt of $1 and the
benefits to be derived therefrom.
11.6 Award a contract to Accelerated Technology Laboratories, Inc., (ATL) of West End, NC in
the amount of $104,483.75 in response to the City of Clearwater Water Pollution Control
Laboratory’s Request for Qualifications #31-05 including the purchase of one Sample Master
Pro Laboratory Information Management System (LIMS) and award a purchase order to McKim
& Creed (EOR) in the amount of $32,200 to provide LIMS software installation support and that
the appropriate officials be authorized to execute same.
11.7 Approve the final plat for “CLEARWATER MALL PHASE II” located at the Southwest
corner of Gulf-to-Bay Boulevard and Sky Harbor Drive at 520 Sky Harbor Drive.
11.8 Re-appoint Thomas Coates to the Community Development Board with the term expiring
on February 28, 2010 and continue appointment to fill seat currently held by Alex Plisko to
March 2, 2006.
Councilmember Jonson moved to approve the Consent Agenda as submitted and that
motion
the appropriate officials be authorized to execute same. The was duly seconded and
carried
unanimously.
12 - Other items on City Manager Reports
12.1 Adopt Resolution #06-07 certifying that the Homeless Emergency Project, Inc. is consistent
with local plans and regulations.
HEP (Homeless Emergency Project, Inc.) is applying for sponsorship under the
Enterprise Zone Community Contribution Tax Credit Program pursuant to Florida Statutes
Sections 220.03, 220.183 (2) (c) and Rule 12C-1.0188 Florida Administrative Code. To become
an eligible sponsor, a resolution from the local government is required. Projects designed to
provide housing for low-income persons are not required to be located within an Enterprise
Zone and must be consistent with local plans and regulations including the local government’s
adopted comprehensive plan.
The Community Contribution Tax Credit Program (CCTCP) allows any business in
Florida to receive a 50% credit on their Florida corporate income tax, insurance premium tax or
sales tax refund for donations made to local community development projects. Donations must
be made to an eligible sponsor conducting an approved community development project. A
business may receive no more than $200,000 in community contribution tax credits annually.
Once the donation has been approved by the Office of Tourism, Trade and Economic
Development, a copy of the approval letter must be submitted with the state tax return. The
qualifying proposed project for this sponsorship is to increase corporate cash donations to
Council 2006-02-02 6
provide designated funds for specific programs and undesignated funds for general operating
expenses for HEP. Some corporations like to give undesignated donations so HEP can use the
funds as they see fit. Other corporations prefer to give to a specific program or area of interest.
Some companies like to contribute to youth and after school programs, others prefer
employment readiness programs, while still others like to contribute to building construction. All
of these HEP programs and projects require ongoing fundraising.
This project is vital to the surrounding community. HEP provides 700 chronic and
episodic homeless men, women, and families per year with a full continuum of housing and
support services necessary to achieve self-sufficiency and end the cycle of homelessness. For
over 40 years, HEP clients have successfully accessed safe housing and services, which afford
life stability.
Annually over $1.02 million are received from in-kind donations to support the annual
HEP $2.5 million operating budget. These expenses consist of all the costs associated with
staff, housing, maintenance, food, utilities, insurance, programs and client supplies, the dental
clinic and administration of HEP’s 240 bed facility.
Councilmember Hamilton moved to certify that the Homeless Emergency Project, Inc. is
motion carried
consistent with local plans and regulations. The was duly seconded and
unanimously.
Resolution #06-07 was presented and read by title only. Councilmember Jonson moved
to pass and adopt Resolution #06-07 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
12.2 Adopt Resolution #06-08 establishing the intent to reimburse certain Beach Walk project
costs incurred with proceeds of future tax-exempt financing.
On June 16, 2005, the City Council adopted Resolution #05-28 supplementing
Ordinance #6876-01 to authorize not to exceed $15 million in Improvement Revenue Bonds to
pay for all or part of the costs of implementing Beach by Design and authorized and directed the
City’s Bond Counsel, with the assistance of the City Attorney, to obtain a judgment validating
the issuance of the bonds. The courts successfully validated these bonds in November 2005.
On December 15, 2005, the City Council awarded contracts for Phase 1 of Beach Walk
totaling $10,320,043. At this meeting, discussion was held regarding options for funding the
entire Beach Walk project, estimated to cost $30,412,195. City Council directed staff to proceed
with issuing bonds to generate construction proceeds of $14 million, with the remaining $16.4
million to be paid from developer contributions, grants, utility funds and other available funds.
The specifics and timing of this bond issue will be determined at a later date in
consultation with the City’s Financial Advisor, Bond Counsel, and Disclosure Counsel. The
annual debt service is expected to be approximately $1 million/year over a term of between 20
Council 2006-02-02 7
and 30 years, with all or part of the bonds having call provisions that are advantageous to the
City to enable the bonds to be retired in a shorter time frame if economic conditions warrant.
City Council must adopt a bond sales resolution at a later date authorizing the sale of the
bonds. The City will be incurring expenses on the Beach Walk project prior to the issuance of
the bonds. This reimbursement resolution will allow for the City to be reimbursed from the Bond
proceeds. Funding sources and budget amendments to be processed at first quarter include
adding Utility Funds for Phase I of $4,284,436 and bond proceeds of $14 million. Return of
Special Development Funds of $2.5 million and Solid Waste Funds of $1,019,017.17 to bring
total project funding to $30,412,195. Additional funding is expected as follows that will result in
future budget amendments and return of excess funds to original funding source.
Additional Utility Funds – Phase 2-4 $ 2,547,253
Hyatt Inflation 136,848
Patel Developer Contribution 2,100,000
Additional Grants 4,790,545
$ 9,574,646
Councilmember Petersen moved to establish the intent to reimburse certain Beach Walk
motion
project costs incurred with proceeds of future tax-exempt financing. The was duly
carried
seconded and unanimously.
Resolution #06-08 was presented and read by title only. Councilmember Doran moved
to pass and adopt Resolution #06-08 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
12.3 Approve the Utility Work by Highway Contractor Agreement with the State of Florida
Department of Transportation (FDOT) for the relocation of existing potable water and sanitary
sewer facilities impacted by the FDOT’s SR 55 (US19) from north of Sunset Point Rd. to south
of Countryside Blvd. Project, at an estimated cost of $635,000, adopt Resolution #06-02, and
that the appropriate officials be authorized to execute same.
The Florida Department of Transportation (FDOT) has designed the roadway
improvements of SR 55 (US19) from north of Sunset Point Road to south of Countryside
Boulevard. Improvements will include an overpass at Enterprise Road. Final design package is
due to FDOT on March 16, 2006, and construction currently is scheduled to begin in September
2006. This roadway improvement project will necessitate the relocation or adjustment of the
City’s water and sanitary sewer mains and appurtenances within the project limits. The City of
Clearwater’s Engineering Department has coordinated the design for these utilities with FDOT
representatives. FDOT will receive bids for the combined roadway improvements and utility
relocation work and make award of contract to the low bidder.
The amounts included on this agenda item are the engineer’s preliminary estimate, and
are subject to change as the design progresses. The exact costs will be determined by the
contractor’s bid and may vary from this amount.
Council 2006-02-02 8
Resolution #04-36 was passed on December 16, 2004, establishing the City’s intent to
reimburse certain project costs incurred with future tax-exempt financing. The projects identified
with 2006 revenue bonds as a funding source were included in the project list associated with
Resolution #04-36.
Councilmember Hamilton moved to approve the Utility Work by Highway Contractor
Agreement with the State of Florida Department of Transportation (FDOT) for the relocation of
existing potable water and sanitary sewer facilities impacted by the FDOT’s SR 55 (US19) from
north of Sunset Point Road to south of Countryside Boulevard Project, at an estimated cost of
$635,000, and that the appropriate officials be authorized to execute same.
Resolution #06-02 was presented and read by title only. Councilmember Jonson moved
to pass and adopt Resolution #06-02 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
12.4 Adopt Resolution #06-14 supporting the continued presence of Pinellas County
Government offices in Downtown Clearwater and requesting and authorizing the City Manager
to engage the administration of Pinellas County in discussions regarding shared opportunities
for building location, parking, or other needed spaces in Downtown to facilitate County retention
in Downtown Clearwater.
The Pinellas County Board of County Commissioners approved a contract for real estate
financial consulting and conceptual campus planning services with Equis Corporation in June
2005. Over the last several months, Equis has been reviewing the County’s space needs for
the next 15 years and potential locations for consolidation of their operations. As part of their
research and evaluation, Equis has met with City staff to review plans for downtown, current
and upcoming projects, land values, as well as opportunities for partnerships with the City and
the County.
Equis finalized their report and presented their findings and recommendations to the
County Board this month. The two most viable options for the County are: 1) to build a campus
in downtown Clearwater or 2) move all their operations except the courts to the former Eckerd
building. In terms of cost, building a campus downtown is slightly less expensive than moving to
Eckerd (roughly 3%).
This study now clearly presents the City with an opportunity to begin serious discussions
with the County regarding joint opportunities for building location and parking in downtown
Clearwater. Adoption of the resolution would authorize the City Manager to commence those
exploratory discussions with full support of the City Council.
Councilmember Doran moved to support the continued presence of Pinellas County
Government offices in Downtown Clearwater and requested and authorized the City Manager to
engage the administration of Pinellas County in discussions regarding shared opportunities for
Council 2006-02-02 9
building location, parking, or other needed spaces in Downtown to facilitate County retention in
motion carried
Downtown Clearwater. The was duly seconded and unanimously.
Resolution #06-14 was presented and read by title only. Councilmember Petersen
moved to pass and adopt Resolution #06-14 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
12.5 Approve the City of Clearwater Community Vision which includes the vision statement,
mission statement, and list of priorities.
Early in 2005, the City Council began the visioning process by holding a series of
workshops to discuss the vision for Clearwater. During these workshops the vision statement
was discussed among the Council and citizens and altered, and it became apparent that there
was a need to better connect its components: mission statement, the vision statement, and the
priorities. The City Council agrees citizen involvement is fundamental to the City’s vision.
The City Council conducted nine public meetings throughout Clearwater. Approximately
300 people attended the meetings, along with almost 70 that completed an online survey that
was made available on the City’s website. The result of this effort is a collaborative vision for
Clearwater.
During the workshop on January 23, 2006, the City Council slightly altered the language
of the Mission Statement to the following: “The Mission of the City of Clearwater is to provide
cost effective services and infrastructure necessary for a high quality of life for all our citizens.”
Also the City Council agreed to the following Vision Statement: “Sparkling Clearwater is a
uniquely beautiful and vibrant waterfront community that is socially and economically diverse,
that reinvests in itself, and is a wonderful place to live, learn, work and play.”
During the community vision meetings, citizens were asked to choose the top five issues
they felt were most important. Since it was difficult to focus on thirteen related but distinct
priorities, they were grouped into a framework that relates to the City’s official vision statement:
1) Clearwater is a Wonderful place to Live. It has A Safe Clean Green Environment, Safe
Comfortable Walkable Neighborhoods, and Well Maintained Housing Stock in all Markets; 2)
Clearwater is a Wonderful Place to Learn. It provides its citizens with High Quality Education; 3)
Clearwater is a Wonderful Place to Work. It seeks Economic Vitality and Reinvestment and
Diverse High-Paying Jobs; 4) Clearwater is a Wonderful Place to Play. It offers A Variety of
Cultural and Recreational Offerings and Clearwater Provides the Infrastructure to Support all its
Attributes; and 5) To ensure that the City remains a great place to live, learn, work and play,
Clearwater invests in Well Maintained Infrastructure, Efficient, Responsive City Services,
Efficient Transportation Systems, and Communication.
Clearwater includes Special Places that Belong to Everyone in the Community. Two
places in Clearwater are especially important to all its citizens: A Quality Beach Environment
and A Vibrant Downtown that's Mindful of its Heritage.
Council 2006-02-02 10
Councilmember Jonson moved to approve the City of Clearwater Community Vision,
motion
which includes the vision statement, mission statement, and list of priorities. The was
carried
duly seconded and unanimously.
13 - City Attorney Reports
13.1 Pass Ordinance #7599-06 on first reading, amending Ordinance #6779-01 as amended by
Ordinance #7350-04, and as amended by Ordinance #7400-05 vacating the 60-foot right-of-way
of Third Street (AKA Third Avenue), bounded on the east by the westerly right-of-way line of
Coronado Drive and bounded on the west by the easterly right-of-way line of South Gulfview
Boulevard; subject to special conditions; amending the special conditions.
In Ordinance #6779-01, the City Council granted the vacation requested by Seashell
Resort, LLC, of the above right-of-way, subject to special conditions, which have not been met.
In Ordinance #7350-04, the conditions described in Ordinance #6779-01 were amended. The
current owners, Crystal Beach Capital, LLC, requested an amendment to the conditions that
changed the required commencement of construction to March 6, 2006 rather than one year
from the effective date of Ordinance #7350-04, which amendment was made by Ordinance
#7400-05. Ordinance #7599-06 changes the required commencement of construction to
December 31, 2006, rather than March 6, 2006.
Support for the project was expressed as being vital to the health of the beach, but it
was felt some changes to the development agreement should be made to guarantee public
parking. Assistant City Manager Garry Brumback said staff is working with the developer to
address Council concerns.
Councilmember Petersen moved to amend Ordinance #6779-01 as amended by
Ordinance #7350-04, and as amended by Ordinance #7400-05 vacating the 60-foot right-of-way
of Third Street (AKA Third Avenue), bounded on the east by the westerly right-of-way line of
Coronado Drive and bounded on the west by the easterly right-of-way line of South Gulfview
Boulevard; subject to special conditions; amending the special conditions.
Ordinance #7599-06 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7599-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Council 2006-02-02 11
13.2 Pass Ordinance #7600-06 on first reading, amending Ordinance #6780-01 as amended by
Ordinance #7351-04, and as amended by Ordinance #7401-05, which vacated the east 35 feet
of the 70-foot right-of-way of Gulfview Boulevard, bounded on the north by the westerly
extension of a line parallel to and 20 feet north of the northerly lot line of Lots 57 and 104 of
Lloyd-White-Skinner subdivision, as recorded in Plat Book 13, page 12 of the Public Records of
Pinellas County, Florida, and bounded on the south by the westerly extension of the south lot
line of Lot 59, of said Lloyd-White-Skinner subdivision, subject to special conditions; amending
the special conditions.
In Ordinance #6780-01, the City Council granted the vacation requested by Seashell
Resort LLC of the above-described right of way, subject to special conditions, which have not
been met. In Ordinance #7351-04, the conditions described in Ordinance #6780-01 were
amended. The current owners, Crystal Beach Capital, LLC, requested an amendment to the
conditions that will change the required commencement of construction to March 6, 2006, rather
than one year from the effective date of Ordinance 7351-04, which amendments were made in
Ordinance #7401-05. The current ordinance will change the required commencement of
construction from March 6, 2006 to December 31, 2006.
Councilmember Jonson moved to amend Ordinance #6780-01 as amended by
Ordinance #7351-04, and as amended by Ordinance #7401-05, which vacated the east 35 feet
of the 70-foot right-of-way of Gulfview Boulevard, bounded on the north by the westerly
extension of a line parallel to and 20 feet north of the northerly lot line of Lots 57 and 104 of
Lloyd-White-Skinner subdivision, as recorded in Plat Book 13, page 12 of the Public Records of
Pinellas County, Florida, and bounded on the south by the westerly extension of the south lot
line of Lot 59, of said Lloyd-White-Skinner subdivision, subject to special conditions; amending
motion carried
the special conditions. The was duly seconded and unanimously.
Ordinance #7600-06 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7600-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
14 - City Manager Verbal Reports
The City Manager reported he had informed the gentleman, who expressed concern
regarding Item 10.9, of the annexation process, and will stay in contact.
The City Manager reported the City would not intervene in the foreclosure of property
owned by the Babalolas.
15 - Council Discussion Items
Council 2006-02-02 12
15.1 Working Waterfronts Legislation
Florida Statutes 197.303 provides the authority for the County Commission or a
municipality to adopt an ordinance allowing ad valorem tax deferrals for recreational and
commercial working waterfront properties if the owners are engaged in the operation,
rehabilitation, or renovation of such properties in accordance with the guidelines established by
the statute.
The Statute has numerous conditions and limitations, which may make utilization of such
provisions of limited value to the property owner. This is a deferral of taxes, not an abatement
or freezing of taxes. The taxes continue to accrue and constitute a lien on the property. In
addition, the taxes accrue interest at a rate equal to the semi-annual compounded rate of one-
half of one percent plus the average yield maturity of the long term fixed income portion of the
Florida Retirement System investments as of the end of the quarter preceding the date of the
sale of the deferred tax payment certificate. However, the interest may not exceed 9.5%. Last
year the interest would have been 5.51%. A deferral may not be granted if the total amount of
the deferred taxes, non-ad valorem assessment and interest, plus the total amount of all other
unsatisfied liens on the property exceeds 85% of the assessed value of the property or if the
primary financing of the property is for an amount that exceeds 70% of the assessed value. The
deferred taxes become due upon changes in ownership in the property or change of use of the
property. If the total amount of the deferred taxes, interest and all unsatisfied liens on the
property exceeds 85% of the assessed value of the property, the amount of the taxes and
interest which exceeds 85% of the assessed value is due and payable within 35 days of the
notice to the property owner.
From the City’s perspective, the ordinance would be fairly straightforward. The City
would identify the type and location of working waterfront property for which deferral may be
granted. The deferrals would apply only to taxes levied by the City. The ordinance would
identify the period of time for which the deferral is granted. Once the City adopts the ordinance,
the decision on eligibility for the deferral and administration of the process is the responsibility of
the county tax collector. If the City wishes to implement this ordinance, it could be effective the
next tax year.
The City Attorney said no other jurisdictions have adopted or are considering such
legislation. The County is not interested in adopting an ordinance at this time; however, the
marine industry is interested in the City going forward.
In response to a question, Marine & Aviation Director Bill Morris said he spoke with
Quality Boats who did not see it as a real benefit. They were more interested in their immediate
tax bills and basing property rates on the highest and best use of the land.
Discussion ensued and it was felt the City should provide local businesses the
opportunity to participate in the program on a voluntary basis.
It was remarked deferring taxes was not an incentive to business owners as it affects the
ability of businesses to borrow money. An opinion was expressed State Statute needs to be
changed so that local property appraisers base property assessments on the business that is
operating on the site.
Council 2006-02-02 13
.
.
.
Consensus was to move forward with implementing legislation to allow tax deferrals for
waterfront businesses, such as marinas.
16. Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events, thanked residents for attending the Town Hall Meeting, and noted the recent
passing of Roy Harrell, Paul Adair, Bob Manuel, and Bob Bickerstaffe.
Mavor Hibbard reviewed issues of concern discussed at the recent Conference of
Mayors and recommended a resolution in opposition to proposed telecommunication changes
to allow baby bells to circumvent the franchise process; reported no decision was reached at the
PMI (Pinellas Mobility Initiative) meeting, and reviewed what he will recommend; questioned if
the City wants to weigh in on the bill to change the start of the school year; and reported Healthy
Communities Program with the YMCA is considering working with schools to combat obesity.
Councilmember Hamilton recommended the City request credit for work previously
completed by the City on Gulf Boulevard.
Consensus was for the Mayor to discuss the issue with the BOCC (Board of County
Commissioners) Chair.
Councilmember Jonson recommended the City work with the school system and
encourage mentoring; reviewed proposed Suncoast League legislative priorities; and distributed
a report complimenting PSTA's (Pinellas Suncoast Transit Authority) efficiency.
Councilmember Doran reported the County recently had adopted a Mobile Home
ordinance and questioned if Council wished to consider a similar ordinance.
Consensus was for staff to draft an ordinance based on County legislation.
Councilmember Doran complimented Development Services for the resident
engagement guide; congratulated Mayor Hibbard for his appointment to the Florida League of
Mayors and his handling of a recent meeting; and reported most of the billion-dollar investment
in the beach has come from private sources.
17 . Adjourn
The meeting adjourned at 8:05 p.m.
~y~
-M"ayor
City of Clearwater
Attest:
~ Z.ll., .0oCA-
Ci Clerk
Council 2006-02-02
14
.
..
MAILING ADDRESS
2410 Parkstream Avenue
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
NAME OF BOARD, COUNCil, COMMISSiON, AUTHORITY, OR COMMITTEE
Cle rw
THE BOARD, COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE is A UNIT OF:
ikiTY CJ COUNTY
NAME OF POLITICAL SUBDIVISION:
City of Clearwater
MY POSITION IS: . /
II"" ELECTIVE
CITY
Clearwatert FL
DATE ON WHICH VOTE OCCURRED
Februar 2 2006
COUNTY
Pinellas
CJ OTHER LOCAL AGENCY
CJ APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
'nures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
*
*
*
*
*
*
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE,BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
*
*
*
*
*
*
*
*
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
: YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
PAGE 1
'.
.
APPOINTED OFFICERS (continued)
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Hoyt Hamil ton
, hereby disclose that on February 2
,200.6.....-:
(a) A measure came or will come before my agency which (check one)
~ inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
, by
, which
#10.12 Adopt Ordinance #7576-06 on second reading, approving amendments to the
Community Development Code by amending Article 2, Zoning Districts,
tables 2-802 and 2-803, and amending Article 3, Development Standards,
Section 3-1202.D, to implement revisions to the Old Florida District
on Clearwater Beach. (TA2005-11004).
,...,
j-t1-rYl1L'( - (}W/Vc~
Su87Ec7
;JlCa;>~TY
A-/2EIJ
11/
~ - Jt -{)(,.
S~Mt)/;l ~
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000
PAGE 2
.
i; "
.
MAILING ADDRESS
2410 Parkstream Avenue
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
NAME OF BOARD, COUNCil, COMMISSION, AUTHORITY, OR COMMITTEE
Clearw
THE BOARD, COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
~TY CJ COUNTY
NAME OF POLITICAL SUBDIVISION:
City of Clearwater
MY POSITION IS: . /
r ELECTIVE
CITY
Clearwater, FL
DATE ON WHICH VOTE OCCURRED
Februar 2 2006
COUNTY
Pinellas
CJ OTHER lOCAL AGENCY
CJ APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
*
*
*
*
*
*
*
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
*
*
*
*
*
*
*
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8B - EFF. 1/2000
PAGE 1
J
, .
. ,
APPOINTED OFFICERS (continued)
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Hoyt. Hamil ton
, hereby disclose that on February 2
,20~:
(a) A measure came or will come before my agency which (check one)
:i.. inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
, by
, which
#10.1 Continue Ordinance #7546-06 on second reading, making amendments to
Beach by Design
5tl8Tfc7
1,€tJ/tR-ry
/fIZtA-
IN
,.
f 1/?t1, {y - (}wJ(/llJ
;2 - / (p - (i~
S~M?!/ )}L
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENAL TV NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000
PAGE 2